My first experience with the bailiffs (I need urgent help)

hallowitch

IPIP wrote: »

Hi hallowitch

They are from Phoenix commercial collections. We are 3, myself and 2 younger siblings

the TV is not really a top end model. Its LG 42" and at the time, it was worth £800. Now I think its about £600

Same goes for the bike and the running machine. They're both not even mid end models.

you can buy a LG 42 from Argos for £379 (very little value when sold at auction without a remote control)
bike and running machine (no value when sold at auction)

sofa (3+1+1)(they cant remove the 3 seater but can remove the 2 chairs (if they have there fire safety label's still attached )

if you have self employed status with the tax man your tax bill may do instead of stat dec



you can contest the levy as the value of the goods they can legally remove will not satisfy a portion of the Principe debt and all bailiff fees including removal, storage , auction fees etc
To contest the levy and the Enforcement fee - £210 you must make a formal complaint to Phoenix the head of revenues at your council and a copy should be sent to the CEO the letter must be headed FORMAL COMPLAINT

you may also want to send a copy of your complaint letter to your MP and local councillor the bailiff knows he cant charge an Enforcement fee legislation does not allow it therefore they have a rouge bailiff working in their area and they should be informed

the bailiff is actually committing fraud on behalf of the council by charging this fee (everything phnx and the bailiff do is done on behalf of the council )

Don't think for one minute the bailiff will be back to remove your goods on Friday its just not going to happen

to remove goods the bailiff would have to wait 5 days (read the notice of seizure where it says walking possession possession agreement) he would then have to send you a letter giving the time and date then if you refused him entry he could get a locksmith

you do not speak to the bailiff or Phoenix unless you can record the call councils always belive the bailiff when a complaint is made thats why its important to have proof

In fact i wouldn't speak to the council without recording it to be honest with you as most councils contract out council tax administration and enforcement therefore you are not speaking to a council employee

IPIP

hallowitch wrote: »

you can buy a LG 42 from Argos for £379 (very little value when sold at auction without a remote control)
bike and running machine (no value when sold at auction)

sofa (3+1+1)(they cant remove the 3 seater but can remove the 2 chairs (if they have there fire safety label's still attached )

if you have self employed status with the tax man your tax bill may do instead of stat dec



you can contest the levy as the value of the goods they can legally remove will not satisfy a portion of the Principe debt and all bailiff fees including removal, storage , auction fees etc
To contest the levy and the Enforcement fee - £210 you must make a formal complaint to Phoenix the head of revenues at your council and a copy should be sent to the CEO the letter must be headed FORMAL COMPLAINT

you may also want to send a copy of your complaint letter to your MP and local councillor the bailiff knows he cant charge an Enforcement fee legislation does not allow it therefore they have a rouge bailiff working in their area and they should be informed

the bailiff is actually committing fraud on behalf of the council by charging this fee (everything phnx and the bailiff do is done on behalf of the council )

Don't think for one minute the bailiff will be back to remove your goods on Friday its just not going to happen

to remove goods the bailiff would have to wait 5 days (read the notice of seizure where it says walking possession possession agreement) he would then have to send you a letter giving the time and date then if you refused him entry he could get a locksmith

you do not speak to the bailiff or Phoenix unless you can record the call councils always belive the bailiff when a complaint is made thats why its important to have proof

In fact i wouldn't speak to the council without recording it to be honest with you as most councils contract out council tax administration and enforcement therefore you are not speaking to a council employee

Thanks so much hallowitch. I will certainly follow your steps.

I had a look at the letter and I've attached a copy at:

http://img.photobucket.com/albums/v323/mwarsame/001.jpg

About the part where they have to wait and send a letter for their intend, I couldn't find it on the letter I signed.

I certainly will follow your steps and update as it progresses.

Thanks again

hallowitch

About the part where they have to wait and send a letter for their intend, I couldn't find it on the letter I signed.

sorry sending the letter is not on the WPA the cant remove your goods for 5 days should be
CODE OF PRACTICE
ON
LOCAL AUTHORITIES' USE OF BAILIFFS
IN THE ENFORCEMENT OF LOCAL TAXES
UPDATE & AMENDMENT SHEET
April 2000
p5 Forcing re-entry
The law upon the rights of bailiffs to force re-entry to premises in order to remove
goods previously seized has recently been clarified. In Khazanchi v Faircharm
Investments; McLeod v Butterwick [1998] 2 All ER 901 the Court of Appeal held that
bailiffs may only force re-entry where they are being deliberately excluded from
premises. It will thus be necessary in most cases for the bailiff to notify the debtor in
advance of the date and time of the visit in order to remove. If the debtor is then
absent from home, or refuses entry, force may be employed.

I will post up the legislation you need to make your complaint and explain how it works later on this evening or tommorw morning

IPIP

Hi hallowitch

Thanks so much for your time. I have managed to get all the fee from friends and family £663.06.

Phoenix commercial said I have to deal with the bailiff and he's saying the full amount or he'll come over.

Do I pay the full amount and challenge the £210 later or pay him everything excluding the £210?

Thanks

katsu

Don't pay the illegal fees. They are not going to want to refund them. I am in no way knowledgeable about baliffs but all the posts I've seen here say to only pay what is due.

Hopefully a knowledgeable person will be along soon.

hallowitch

Council tax fee - £422.56
First visit fee - £24.50
Second visit fee - £18.00
Levy Charge - £38.00


I would pay the above (you can contest the levy and if accepted the council should refund the levy fee) direct to the council using there on-line payment

if you pay Phoenix legally they are allowed to deduct there fees first which means you will be paying the unlawful fees
before you send the letter can you please confirm the bailiff is certificated to Phoenex because if he is not the complaint letter needs to be amended as he may not have legal authorisation to enforce this debt on behalf of your council
send to head of revenues at the council the CEO of the council Phoenix your local councillor and your MP
Name
address
council tax ref
bailiff ref

FORMAL COMPLAINT Bailiff fees

Dear sir ,

Phoenix commercial collections have been instructed to collect outstanding council tax of £422.56
Bailiff Mr xxxxx entered my home on (date) and levied my goods( for you convenience i have attached a copy of the notice of seizure)

As a certificated bailiff Mr xxxx would be aware that the goods levied have little or no value when sold at auction the 3 seater sofa being exempt from seizure as removal would not leave enough seating for the whole family the Del monitor is used for work as i am self -employed and cant work without it the bailiff being made aware of both at the time of seizure theTV has no remote control is 4/5/6 yrs old and can be bought new for £350 the exercise bike and running machine are old and of no value

It would therefore appear the levy was made to increase the bailiffs fees and not to secure the goods against the debt

As you can see said bailiff has also charged an Enforcement fee £210
admission charge - £0.50 There is no provision under The council tax (Administration and enforcement regulations ) 1992 (amended)
regulation 45 (b)Schedule 5 charges connected with distress for the above fees

Again as a certificated bailiff Mr xxx would be full aware that the above fees cant be charged

As you can clearly see from information provided (the notice of seizure/distress) and legislation quoted it would appear that Mr xxx is a rouge bailiff or is unaware of current legislation which puts his fitness to hold a certificate to levy distress into question
this i believe can be addressed under The Distress for rent rules 1988 (as amended) at his issuing court by way of a form 4 complaint sent by myself or a form 5 sent by the local authority

I have today paid the sum of £xxx directly to (council)
liability order amount outstanding £xxx
1st visit fee £24.50
2nd visit fee £18
levy fee £38


As Mr xxx has threatened to return to remove my goods today Friday i have paid the levy fee I also understand that this fee is due until the outcome of my complaint is addresses
I have not paid the Enforcement fee and admission charge as paying these unlawful fees at this time would put my family under severe and actual hardship

I am now requesting this account be put on hold by (local authority ) until my formal complaint is investigated
If the complaint is upheld i request the local authority return the levy fee of £38 remove the fees not in legislation and issue a form 5 to Mr xxx issuing court informing them that Mr xxx is charging fees not allowed under current legislation and levying exempt goods


A copy of this e-mail will also be sent to Phoenix commercial the CEO of the council (see if you can find out his name and put his name instead of CEO) ,my MP and local councillor as i feel that they should also be made aware of the practises of bailiff Mr xxxx

READ it carefully tidy it up correct any spelling mistakes and send it by e-mail to all parties

lilibet1

hi there

Really not sure where to put this so popped it on here. hope you dont mind?

My question is can baliffs ever break in to your property and levvy items if you have never let them in before and also they have never managed to gain peaceful entry. This is for a normal small claims court ccj not a criminal fine?

Many thanks x

[Deleted User]

The answer to you question lilibet1 is NO.

However, they can enter through an open door, window, etc.

lilibet1

thanks bedsit bob

I was wondering whether they could take my car (log book is in my name) but the debt is for my husband? How would they know that the car doesnt belong to him and take it anyway?
Im finding myself getting abit upset over this. Bailiffs havent been instructed yet but they will as he will being issued with a ccj on monday so i would like to find out as much info as possible xx

[Deleted User]

Might be a good idea to swear a Statutory Declaration, identifying the items that belong to you, such as the car.

You make the Declaration in front of a solicitor, and it costs about £5 to £10.

Word of warning: Don't lie.

A SD is a legal document, and lying in it is serious, and can result in a prison sentence.